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diff --git a/licenses/LOKI-EULA b/licenses/LOKI-EULA new file mode 100644 index 000000000000..638affcf5ad1 --- /dev/null +++ b/licenses/LOKI-EULA @@ -0,0 +1,234 @@ +================================================ + +LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT + +================================================ + + + +PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR +COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE +MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO +NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE PRODUCT IN ITS PACKAGING TO THE +PLACE WHERE YOU OBTAINED IT. + + + +This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"), +including the Limited Warranty and other special provisions, is a legal +agreement between You (either an individual or an entity) and Loki Software, +Inc. and its licensors, (collectively, the "Owner") regarding this software +product and the materials contained therein and related thereto. Your act of +installing and/or otherwise using the software constitutes Your agreement to be +bound by the terms of this Agreement. If You do not agree to the terms of this +Agreement, promptly return the software packaging and the accompanying +materials (including any hardware, manuals, other written materials and +packaging) to the place You obtained them, along with your receipt, for a full +refund. + +Grant of Limited Non-Exclusive License. This Agreement permits You to use one +(1) copy of the software program(s) (the "SOFTWARE") included in this package +for your personal use on a single home or portable computer. The SOFTWARE is in +"use" on a computer when it is loaded into temporary memory (i.e., RAM) or +installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage +device) of that computer. Installation on a network server is strictly +prohibited, except under a special and separate network license obtained from +Owner; this Agreement shall not serve as such necessary special network +license. Installation on a network server constitutes "use" that must comply +with the terms of this Agreement. This license is not a sale of the original +SOFTWARE or any copy thereof. + +Intellectual Property Ownership. Owner retains all right, title and interest to +this SOFTWARE and the accompanying manual(s), packaging and other written +materials (collectively, the "ACCOMPANYING MATERIALS"), including, but not +limited to, all copyrights, trademarks, trade secrets, trade names, proprietary +rights, patents, titles, computer codes, audiovisual effects, themes, +characters, character names, stories, dialog, settings, artwork, sounds +effects, musical works, and moral rights. The SOFTWARE and ACCOMPANYING +MATERIALS are protected by United States copyright law and applicable copyright +laws and treaties throughout the World. All rights are reserved. The SOFTWARE +and ACCOMPANYING MATERIALS may not be copied or reproduced in any manner or +medium, in whole or in part, without prior written consent from Owner. Any +persons copying or reproducing all or any portion of the SOFTWARE or +ACCOMPANYING MATERIALS, in any manner or medium, will be willfully violating +the copyright laws and may be subject to civil or criminal penalties. + +SOFTWARE Backup or Archiving. After You install the SOFTWARE into the permanent +memory of a computer, You may keep and use the original disk(s) and/or CD-ROM +(the "Storage Media") only for backup or archival purposes. + +Restrictions. Other than as provided specifically in this Agreement, You are +not permitted to copy or otherwise reproduce the SOFTWARE or ACCOMPANYING +MATERIALS; modify or prepare derivative copies based on the SOFTWARE or +ACCOMPANYING MATERIALS; distribute copies of the SOFTWARE or ACCOMPANYING +MATERIALS by sale or other transfer of ownership; rent, lease, or lend the +SOFTWARE or ACCOMPANYING MATERIALS; or to display the SOFTWARE or ACCOMPANYING +MATERIALS publicly. You are expressly prohibited from transmitting the SOFTWARE +or ACCOMPANYING MATERIALS electronically or otherwise over the Internet or +through any other media or to any other party. You are expressly prohibited +from using or selling any unauthorized level packs, add-on packs or sequels +based upon or related to the SOFTWARE or ACCOMPANYING MATERIALS. You are +expressly prohibited from selling or using any characters or other components +of the game for any purpose. You are expressly prohibited from selling or +otherwise profiting from any levels, add-on packs, sequels or other items +created by utilization of the SOFTWARE's level editor. YOU ARE NOT PERMITTED TO +REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE IN ANY WAY. Any copying +of the SOFTWARE or ACCOMPANYING MATERIALS not specifically allowed in this +Agreement is a violation of this Agreement. + +Limited Warranty and Warranty Disclaimers. + +LIMITED WARRANTY. Loki Software, Inc. ("Loki") warrants to the original +purchaser of the computer software product, for a period of ninety (90) days +from the date of original purchase, that under normal use, the media and the +user documentation are free from defects in materials and workmanship. + +WARRANTY CLAIMS. To make a warranty claim under this limited warranty, return +the product to us at the address below within 90 days of purchase. Include a +copy of the dated purchase receipt, your name, your return address, and a +statement of the defect. Loki will replace the product and return it to you +(postage prepaid) or issue you with a credit equal to the purchase price. If +the product was damaged through misuse or accident, you will need to follow the +returns after warranty policy detailed below. + +RETURNS AFTER WARRANTY. To replace defective media after the 90-day warranty +period has expired, send the original disc(s) to the address below. Enclose a +statement of the defect, your name, your return address, and a check or money +order for $10.00 to: + + Loki Software, Inc. + Customer Warranty + 250 El Camino Real, Suite 100 + Tustin, CA 92780 + +NOTE: We suggest you send your package in a manner that is traceable. + +CUSTOMER'S REMEDY. The LIMITED WARRANTY is Your exclusive remedy, and the +entire liability of Owner. By opening the sealed software packaging, installing +and/or otherwise using the SOFTWARE or ACCOMPANYING MATERIALS, you hereby agree +to waive any and all other remedies you may have at law or in equity. Any such +remedies you may not waive as a matter of public policy, you hereby assign, or +shall assign as they become available, over to Owner. + +WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, +OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE +PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE +IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT +ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT, +WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OR +ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY. +OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR +ACCOMPANYING MATERIALS' CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE +WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. + +NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, +DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES +SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. +YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. + +SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO +THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU +SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM +STATE TO STATE. + +LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and +regardless of whether any remedy set forth herein fails of its essential +purpose, IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR +AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR +DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERIALS BE LIABLE FOR ANY +DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT; +INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, +LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, +LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF +RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, +ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS +LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR +ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN +IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE +OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, +AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR +LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR +EXCLUSION MAY NOT APPLY TO YOU. + +Product Support and Updates. This SOFTWARE is intended to be user-friendly and +limited product support is provided by Owner as specified in the ACCOMPANYING +MATERIALS. + +Jurisdiction. CALIFORNIA LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE'S +CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF ORANGE COUNTY, CALIFORNIA. +This Agreement may be modified only by a written instrument specifying the +modification and executed by both parties. In the event that any provision of +this Agreement shall be held to be unenforceable, such provision shall be +enforced to the greatest possible extent, with the other provisions of this +Agreement to remain in full force and effect. + +Entire Agreement. This Agreement represents the entire agreement between the +parties, and supersedes any oral or written communications, proposals or prior +agreements between the parties or any dealers, distributors, agents or +employees. + +U.S. Government Restricted Rights. The SOFTWARE and the ACCOMPANYING MATERIALS +is provided with RESTRICTED RIGHTS (as found in 48 C.F.R. §52.227-7013). This +provision only applies if the U.S. Government or any of its entities obtains +this SOFTWARE either directly or indirectly. Owner created this SOFTWARE and +the ACCOMPANYING MATERIALS exclusively with private funds. Additionally, +information contained in this SOFTWARE and the ACCOMPANYING MATERIALS is a +trade secret of Owner for all purposes of the Freedom of Information Act or +otherwise. Furthermore, this SOFTWARE is "commercial computer software" subject +to limited use as set forth in any contract that may be entered into between +the seller and the governmental entity. Owner owns, in all respects, the +proprietary information and proprietary data found in the SOFTWARE and the +ACCOMPANYING MATERIALS. + +U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE and the +ACCOMPANYING MATERIALS with "Restricted Rights" as defined in DFARS 52.227-7013 +(also found at 48 C.F.R. §252.227-7013). Any U.S. Government use, duplication, +or disclosure is subject to the restrictions including, but not limited to +those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48 +C.F.R. §252.227-7013) that may be amended from time to time. + +NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice +through this Agreement that any use of this SOFTWARE and the ACCOMPANYING +MATERIALS is subject to similar limitations as those stated above, including +but not limited to, those stated in Commercial Computer SOFTWARE - Restricted +Rights found in 48 C.F.R. §52.227-19, that may also be amended from time to +time. Manufacturer is Owner at the location listed below. + +U.S. Export Laws Prohibitions. By opening the sealed software packaging and/or +installing or otherwise using the SOFTWARE and ACCOMPANYING MATERIALS, You also +agree and confirm that the SOFTWARE or ACCOMPANYING MATERIALS and any of the +SOFTWARE's direct products are not being and will not be transported, exported +or re-exported (directly or indirectly through the Internet or otherwise) into +(or to a national or resident of) any country forbidden to receive such +SOFTWARE or ACCOMPANYING MATERIALS by any U.S. export laws or accompanying +regulations or otherwise violate such laws or regulations, that may be amended +from time to time. You also agree and confirm that the SOFTWARE and +ACCOMPANYING MATERIALS will not be used for any purpose that may be restricted +by the same laws and regulations. + +Termination. This Agreement is valid until terminated. This Agreement ceases +automatically (without any form of notice) if You do not comply with any +Agreement provision. You can also end this Agreement by destroying the SOFTWARE +and ACCOMPANYING MATERIALS and all copies and reproductions of the SOFTWARE and +ACCOMPANYING MATERIALS and deleting and permanently purging the SOFTWARE from +any client server or computer on which it has been installed. + +Program Transfer. You may permanently transfer all of your rights under this +Agreement, provided that the recipient agrees to all of the terms of this +Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related +documents and components and remove the SOFTWARE from Your computer prior. +Transferring the SOFTWARE automatically terminates Your license under this +Agreement. + +Equitable Remedies. You hereby agree that if the terms of this Agreement are +not specifically enforced, Owner will be irreparably damaged, and therefore you +agree that Owner shall be entitled, without bond, other security, proof of +damages, to appropriate equitable remedies with respect any of this Agreement, +in addition to any other available remedies. If You have any questions +regarding this Agreement, the enclosed materials, or otherwise, please contact +in writing: + +Loki Software +250 El Camino Real #100 +Tustin, CA 92780 +Attn: Customer Service |